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Ruth S. Marcott

Of Counsel

Complex fiduciary and financial relationships can create exacting operational duties and responsibilities—as well as the potential for high-risk litigation and claims. Ruth helps clients meet those challenges with guidance and dispute representation that reflects a rare combination of transactional and litigation expertise. 

An accomplished employee benefits specialist, Ruth provides advice and guidance on compliance with federal and state benefits laws including ERISA, IRC, ACA, and the MPPAA. Ruth also has extensive litigation and other dispute-related experience. Her combined experience increases her effectiveness as an advocate defending audits or investigations by the DOL or the IRS.  

Ruth acts as Fund Counsel to Taft-Hartley multiemployer plans. Her work for these funds employ her skills of addressing their unique and multi-faceted operational and legal requirements in providing benefits to numerous participants.

Speaking Engagements 
  • “Legal Legislative and Regulatory Update for Benefit Plans,” IFEBP seminar, 2019 Minnesota Construction Summit (co-presenter)
  • “Role of Administrator in Partitioning or a Mass Withdrawal Declaration,” IFEBP 64th Annual Benefits Conference, 2018 (co-presenter)
  • “Multiemployer Pension Plan Withdrawal Liability: Remedies and Defenses Explored!,”Knw Group Webinar, 2018 (co-presenter)
  • "HRAs, HSAs and FSAs – The Benefits, Their Rules, Their Interaction and Their Maximization by Stacking," IFEBP Webinar, 2017
  • "Multiemployer and Other Union Plans: Issues and Outlook," Advanced Employee Benefits Workshop, 2017
  • "ERISA Litigation Trends in 2017 and Beyond: Delving Deeper," Webinar, The Knowledge Group, 2016 (Co-presenter) 
  • "ACA Compliance for Public Plans," IFEBP Annual Meeting, 2016 
  • "Navigating Pension Plan De-Risking: Significant Implications to Employers and Retirement Policy," Webinar, The Knowledge Group, 2016 (Co-presenter) 
  • "Employee Benefits Update in the ACA Era," Felhaber Larson Annual Seminar, 2015 (Co-presenter) 

  • Withdrawal Liability Arbitrations 
  • Sachsenmaier v. SuperValu, 10-4868 (D. Minn.) (defense against alleged wrongful denial of disability benefits claim) 
  • Thorkelson, et al. v. ELCA, et al., 10-1712 (D. Minn.) (defense against benefits class action case) 
  • Kendall v. Int’l. Assoc. of Bridge, Structural, and Ornamental Workers Local 793 Pension Plan, et al., 10-3140 (D. Minn.) (defense of third party administrator) 
  • Aiken v. U.S. Transformer, Inc., 2009 WL 1940559 (U.S. Id. 2009) (defense of ERISA and RICO claims asserted against plan sponsor and corporate officers and agents) 
  • Cruz v. Lawson Software Inc., 08-cv-5900 (D. Minn.) (defense of ERISA claims in class action) 

  • Martindale-Hubbell, Rated “AV Preeminent”